Penalosa Cooperative Exchange v. A.S. Polonyi Co.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

BARTLETT, District Judge.

Defendant A.S. Polonyi Company moves to dismiss plaintiffs Complaint pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, for failure to state a claim upon which relief may be granted. In its Complaint, plaintiff Penalosa Cooperative Exchange asserts six claims for relief: negligence (Count I), conversion (Count II), conspiracy to commit conversion (Count III), violation of Missouri’s codification of the Uniform Fiduciaries Act (Count IV), money had and received (Count V) and breach of…